Yost appeals dismissal of Google ‘common carrier’ lawsuit

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(The Center Square) – Ohio Attorney General Dave Yost is continuing his fight to declare Google a common carrier despite a judge ruling otherwise.

Yost appealed a Delaware County judge’s decision to dismiss the lawsuit earlier this month, arguing for fairness in the marketplace.

“Ohioans deserve fairness in the digital marketplace,” Yost said. “When one company has the power to stack the deck, it hurts consumers, innovation and free competition. This appeal is about standing up for Ohioans and consumers everywhere.”

In the lawsuit Yost filed in 2021, the state said Google should legally be considered a common carrier and a public utility because of its control over search results and how it can prioritize its products and services over competitors.

A common carrier – like airlines, taxis or railroads – are required by law to serve anyone who asks for the service and meets legal requirements.

The case, the first of its kind in the nation, now heads to the 5th U.S. Circuit Court of Appeals.

The judge refused to throw out the lawsuit in late May 2022. The lawsuit does not seek monetary damages.

Yost says Google hurts Ohioans by not offering all the information needed for someone searching to make the best decision. He used searching for a flight as an example, saying if Google returns its own search results to steer someone to Google Flights, the person will not see offers from competitors such as Orbitz or Travelocity.

The lawsuit says the California-based company has a duty to offer sources or competitors' rights equal to its own, claiming it should not prioritize the placement of its own products, services and websites on search results.

Yost said he wants those equal rights to extend to advertisements, enhancements, knowledge boxes, integrated specialized searches, direct answers and other features.